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    • Particulars of claim please :   Frustration of Contract and Unfair terms in relation to a request of the refund monies paid when no service provided for wedding event on 23/05/2020 as agreed or at any later date up to date of claim or thereafter. 1.       On 01/04/2019 we confirmed our booking for 23/05/2020 for 350 guests. Please refer to document titled “Wedding Reception Contract”.  There were no terms and conditions attached nor were they provided to us.  2.       We were pressured into make a full payment of £7,700 to secure the date for 23/05/2020, as the dates would not be guaranteed without a full payment.  Full payment was made on 02/04/2019. 3.       On 15/12/2019 we contacted the Events Manager who informed us that she was no longer employed by Goosedale Limited. 4.       We made a number of calls but none of these were returned.  We finally made contact with Mrs F on 13/01/2020 to explain that we understand our Events Manager has left and who would be the new Events Manager.  5.       An on-site appointment was made on 20/01/2020 at Goosedale, together with our wedding catering provider but this was double booked and we were seen by the admin officer who had limited information as our wedding plans. 6.       On 20/01/2020 after the on-site appointment the new Events Manager, Mr xxxx contacted us he would be the duty manager on the wedding day.  7.       On 21/01/2020 Mr xxxxx sent us the catering pack. 8.       On 29/02/2020 we had an on-site meeting with Mr Nick Singh at 10am. 9.       On 05/03/2020 Mr xxxxx sent us a summary of the on-site discussion. 10.   On 20/03/2020 we emailed Goosedale Limited requesting an update for alternative dates or refunds following Government Guidelines regarding COVID-19.  Mr xxxx responded that Goosedale Limited would be postponing events booked for April and May 2020.  Alternative dates were the only option and no refunds were available. 11.   We provided alternative dates none of which were available for Goosedale Limited. They confirmed they had no availability for July 2020 and August 2020 in any of their rooms within their venue.    12.   On 23/03/2020 we requested a full refund as the original wedding date for 23/05/2020 could not go ahead. Mr xxxx confirmed that Goosedale Limited would not be issuing full refunds and attached the Terms and Conditions.  This was the first time we had seen this document. Following his refusal to return the full refund, we offered Goosedale Limited to hold onto out deposit and return the rest of our money until the matter was resolved. 13.   In the absence of a response from Mr xxxx, we further emailed him on 26/03/2020 and requested an update. On 27/03/2020, Mr Nick Singh offered us 18/07/2020 for 350 guests which we agreed and received another booking confirmation on 30/03/2020. 14.   Due to rise in COVID-19 and the uncertainty with events going ahead in July 2020, on 17/04/2020 we secured an alternative date for 350 guests to take place on 08/10/2020 in line with the original booking. Unfortunately, we have not received a booking confirmation for this event. 15.   Wedding venues remained closed until 15/08/2020 and now allow for 30 sit-down guests only. 16.   Goosedale Limited have advised us that weekend bookings require a higher payment, however despite 08/10/2020 falling on a weekday, we were not offered a price reduction. 17.   No further communication was received from 17/04/2020 until an email on 03/09/2020, with a letter attached requested a further “£250 security bond for the event on 08/10/2020”. 18.   On 04/09/2020, we wrote to Goosedale Limited requesting a full refund.  A Letter before court action was issued giving Goosedale Limited 14 days to refund the money. 19.   They received the Letter before Court action on 6/09/2020 in which the request for a refund in full was made, this was sent by recorded delivery which was logged as Received by them and documented the facts to claim a full refund. 20.   We have received no communication to the Letter before Court action and have incurred costs up to that date, in trying to resolve the matter.  Goosedale Limited have remained silent on the matter and have no disregard about how this has affected us financially 21.   We have been subject to unfair practices under the Consumer Rights Act 2015 as Goosedale Ltd have refused a refund “stating no refunds available under any circumstances”. 22.   The CMA issues guidelines on 28 August 2020 (attached) which confirmed that the Contract has become frustrated, and the Terms No Refund are not legal terms to be imposed on customers, who have to cancel due to the COVID. 23.   We have tried to be reasonable under the Circumstances including working with the Venue to rearrange dates right up to August 2020 however it has become clear that, the venue can not provide the service we have paid for since 23 May 2020, and they have unreasonably held on to our funds, without providing any service under the Contract. 24.   We have no additional contracts with the Venue and they have imposed terms which deny a refund, despite informing them in the Letter before action that we  request a refund of the full amount, this now includes interest from the day the Service was not provided up to the date of Trial, as we have been reasonable throughout the conduct of this matter. 25.   We have now had to face additional charges and costs which we will ask the Court to award at the Hearing, we can confirm that we have attempted to resolve this matter amicably since March 2020, but have been met with a blank excuse to deny a refund. 26.   The current Government guidelines highlight that wedding ceremonies allows for up to 30 guests at a sit-down wedding reception which came into effect from 15/08/2020. As detailed above, our current contract and payment has been for 350 people. Goosedale Limited are not in a position to provide this service. Legislation : We have made Goosdale aware of the legislation we will be relying on below, again we have waited for a response and this has not been forthcoming. GOV.UK – Competition & Markets Authority Guidance – Statement on coronavirus (COVID-19), consumer contracts, cancellations and refunds dated 28/08/2020. https://www.gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic/the-coronavirus-covid-19-pandemic-consumer-contracts-cancellation-and-refunds The Consumer Rights Act 2015 Unfair Terms https://www.legislation.gov.uk/uksi/1999/2083/contents/made The Consumer Contracts Regulations 2014 https://www.legislation.gov.uk/uksi/2013/3134/made
    • can you pop all those into one multipage PDF please so we can Zoom and not have to take all day to download single page files. read upload carefully  
    • Includes eligibility, appeals, tax credits and Universal Credit View the full article
    • POC   1.The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   2' The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded.   3.As at -/-09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281.   4.By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective -/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter.   5.And the Claimant claims- 1. 397281 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from -/09/2019 to -/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010   Try this: from my files...   Defence  1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    2. Paragraphs 1 & 3 are denied .The Claimant claims £3897281 is owed under a regulated agreement with HBOS on 27/08/2016. I do not recall the precise details or agreement.    3. On receipt of the claim form, the Defendant sent on date XXXXXX a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement to the Claimant and on date XXXXX a CPR 31:14 request to their solicitors. To Date both remain in default of my requests and have failed to reply.   4. Paragraph 2 is Denied. I have never received a Section 87 Default Notice form either the Original Creditor nor the Claimant dated 05/08/2019    5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:  (a) show how the Defendant has entered into an agreement; and  (b) show and evidence any cause of action and service of a Default Notice  (c) show how the Defendant has reached the amount claimed for; and  (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;    6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.    8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi folks, it's been a while but I'm back as I thought I would be. I didn't know where to post this as my original thread is now closed so sorry if I'm in the wrong place 🐵   BW Legal are at it again and after me. https://www.consumeractiongroup.co.uk/profile/393677-ncp-hater/content/ Here's the latest episode. This looks a bit more official. do I need to appeal to "them!!!!" 🤬 ????   Judge and jury ggrrr  !!   Many thanks  !!!
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
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      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
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nicetap.com returns policy - Is it legal


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Hi, I was wondering if I could get some advice.

 

I order a monobloc tap from nicetap for a replacement kitchen I was having put in. When my kitchen fit was complete the sink was the last thing to go in and I found that the tap leaked internally from the selector valve when switch on.

 

I tried to call nicetap but they never answered the phone, after a couple of days of trying I sent an email to describe my issue. I received a reply saying that since the '7day refund' period had elapsed I could not get a refund only a repair. I told them that I'd been trying to contact them by phone within the period but they never answered, they said that it did not matter as the email was the first confirmed contact.

 

I did not want a repair as I had to buy a replacement tap in the meantime and it would be useless, also I was motivated by the fact that the quality of the item was poor (wobbly and cheap metal) and I didn't want another. In the end the only thing they would do is swap it for another item. I thought that I could at least get something back by selling it on

 

I sent the tap back to their shop address on the High St in Keighley, Bradford. but it came back to me with an 'unknown address' sticker. I figured this to be a fake address to make the trader look more trustworthy. I contacted them again and was told that I had to send the item to their ‘warehouse’ (they could have told me that the first time!) and they gave me another address which looked residential to me.

This time they received the item but sent an email with pictures attached that stated that the item was not in pristine condition and they would not accept it, even though it looked fine to me when I sent it. I figured that I was wasting my time with them and told them to just get it repaired for me. At which point they pointed to their T&Cs where it states that I am liable for the £20 cost to send it back to the factory.

That does not sound right to me as I thought I had fulfilled my side of things. Is it legal for them to treat me like this and ask for more money?

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Was this a distance contract, online?

 

As a rule of thumb, the consumer protection legislation gives a good deal more of a protection than would be expected as a matter of common sense, not less.

 

Trading Standards should be chasing this up. Don't just ask for advice; they will then redirect you to Consumer Direct; insist that they investigate.

 

:cool:

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Thanks for you quick reply.

 

Yes, it was an online sale. I was asking for advice to see if anyone thought that they were doing something against the law before I decided whether or not to take it further. If anyone can confirm that then I will be better prepared. Thanks.

 

Per Bradford News

 

Per Keighley News

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Sounds like they are mixing up DSRs and SOGA. If you'd simply changed your mind then you have 7 days to notify the supplier you wish to return the goods under DSRs. This tap is faulty which means you will be returning it under the Sale of Goods Act. No such 7 day restriction exists in these circumstances.

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I notice that their terms and conditions are not legitimate.

 

The Distance Selling Regulations are perfectly specific to the effect that

 

Except as otherwise provided by these Regulations, the effect of a notice of cancellation is that the contract shall be treated as if it had not been made.
The supplier owns no right to unilaterally determine that a reasonable care has been taken of a product.

 

That falls foul of the The Unfair Terms in Consumer Contracts Regulations 1999 which forbid the

 

© making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realisation depends on his own will alone;
A consumer's right to cancel a distance contract is absolutely unconditional, except for conditions prescribed by the Regulations (not the supplier) nor in any case is the consumer "under any duty to deliver the goods except at his own premises and in pursuance of a request in writing".

 

A supplier may object to the condition of goods thus retrieved but would then have to claim against the consumer and prove the claim.

 

It is also the duty of the supplier to inform the consumer that the right to cancel exists, which their terms fall short of achieving. Crucially, the right to cancel exists because of the Regulations, not the supplier's terms. If a supplier argues about it, inform that your cancellation is because of the Regulations, not an invocation of the supplier's terms which do not apply. It is an offence for a seller to present his terms as if to offer something special that was not already available as a legal right.

 

The cancellation period therefore extends to three months beginning with the day that the consumer receives the correct information from the supplier.

 

You could alternatively pursue a complaint on the basis that the goods did not conform to contract, but the DSRs provide the easy option of eliminating the contractual dispute.

 

:cool:

Edited by perplexity
trivial
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  • 2 weeks later...

Thank you all for your kind and useful advice, I have filed a complaint against nicetap with Trading Standards. I would advise anyone who is thinking of buying from not-so-nicetat to not to do so unless they want to risk a similar experience.

 

For info I noticed that they had negative reviews on judgespot but their reviews have now been suspended as nicetat had been stuffing the reviews with their own fake 5 star reviews to push up their rating - very trustworthy. You may still be able to read fragments in a Google search if you hit the cache button.

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I love the use of language on the Returns Policy

 

We will check every single item and make sure they are in perfect condition (no scratch, no dent, no bend and no broken) then we packed them with carton, polystyrene or bubble wrap before the dispatch. The couriers we are using are well trained professional, so there is impossible for the items damaged during the transit. You should reasonable for the damage of the items once you signed.

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12. Nothing in these terms and conditions is to be taken to exclude or restrict rights granted to you by law in respect of goods supplied. Some goods may be the subject of additional warranties or guarantees given by the their manufacturers direct to you.

 

Under the regulations, any faults that are found in the first six months are assumed to have been there at the time of purchase and during those six months, it is up to the seller to prove that there was no fault and not the buyer to prove there was.

 

I would send them a recorded/registered letter 'telling' them that under the Sale of Goods Act 1979(as amended) and the Sale and Supply of Good and Serviced and stating what I said above.

 

Tell them they have 7 days in which to respond favourably or you will seek legal advice.

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  • 1 month later...
Under the regulations, any faults that are found in the first six months are assumed to have been there at the time of purchase and during those six months, it is up to the seller to prove that there was no fault and not the buyer to prove there was.

 

I would send them a recorded/registered letter 'telling' them that under the Sale of Goods Act 1979(as amended) and the Sale and Supply of Good and Serviced and stating what I said above.

 

Tell them they have 7 days in which to respond favourably or you will seek legal advice.

 

Cheers for the advice, I did exactly what you said but they responded with 'If you want to take legal advice then its up to you'. No dialogue, No compromise, No nothing.

 

They have currently got my tap and my money and don't seem to give a hoot. You can tell that they bank on people not going to the trouble or expense of taking it further.

 

At the very worst it could be called theft and at the very least its a bad 'company' with a money grabbing attitude and appalling customer service. Come to think of it, I wonder even if they are a real business and whether they are paying taxes as they lied about their location and they are obviously operating out of their own back bedroom.

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  • 1 month later...

Has anyone found any information about this company as yet??

 

I have a very similar situation.

 

I bought a tap from nicetap, it arrived and within days had flooded my brand new kitchen. After providing countless images, it was agreed to replace the tap..

 

I was referred to the companies terms and conditions for return and followed these to the letter. postage alone was nearly £25.00.

 

The address given to me by the company was Seedhill terrace (looking at street view - it is not exactly on a trading estate).

 

the parcel was attempted for delivery and subsequently never collected. The company advised that the location was closed for refit and it was my responsibility to redirect the parcel or resend.

 

I am not shelling out another 25.00 for postage and it is up to the receiver to renegotiate delivery addresses. I also dont understand how a refit of a depot can affect returns - that is not good business logic.

 

Luckily for me, I am married to a lawyer and we have very strong ties with Trading Standards.

 

I have opened a case with trading standards and cant wait for them to call my bluff on legal action..:boxing:

 

I will update as information comes available.

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